Terms and Conditions
This website is operated by OUPES power station. Throughout the site, the terms “we”, “us” and “our” refer to OUPES power station. OUPES power station offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
1.1 A "user" is any person who accesses or uses the Website for any purpose, regardless of whether the user has a registered account on the Website, including any legal entity which may be represented by a user under actual or apparent authority. By accessing the Website or obtaining products or services from the Website, you are a "user" of the Website.
1.2 By accessing or using any part of the Website, you hereby agree to accept and be bound by the Terms set forth in this agreement as a user.
1.3 If you do not accept all of the Terms set forth in this agreement, you may not access or use the Website. The Terms of this agreement may not be modified, except in writing by an authorized officer.
1.4 The headings used in these Terms are included for convenience and will not limit or otherwise affect these Terms.
SECTION 2 - GENERAL CONDITIONS
2.1 We reserve the right to refuse service to anyone for any reason at any time.
2.2 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
2.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
2.4 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
5.1 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
5.2 We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
5.3 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
5.4 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
9.1 If you submit comments, suggestions, proposals, plans, or other materials (collectively, "user comments"), whether online, by email or postal mail, or otherwise, you agree that we may, without restriction, edit, copy, publish, distribute, and otherwise use any of your user comments. OUPES is not and will not ever be under any obligation to keep your user comments confidential, compensate you for your user comments, or respond to your user comments.
9.2 You agree that your user comments will not contain libelous, unlawful, abusive or obscene material. OUPES has the right to remove or refuse to post any user comments for any or no reason at our sole discretion. We may, but have no obligation to, track, edit, or remove content that we determine to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or that violates any party's intellectual property or these Terms. We take no responsibility and assume no liability for any user comments posted by you or any third party.
9.3 Subject to these Terms, you represent and warrant that you own or control all rights in and to the user comments and have the right to grant the following rights to us. You assign to OUPES all of your rights, title and interest in and to all of your user comments, including, but not limited to, all intellectual property rights relating to your user comments. At OUPES's request and expense, you will execute all reasonable documents and take such reasonable actions to help OUPES acquire and maintain these intellectual property rights.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
11.1 If any information on the Website contains typographical errors, inaccuracies, or omissions, including, but not limited to, errors related to product descriptions, pricing, promotions, shipping costs, delivery schedules, or product availability, OUPES reserves the right to correct any such errors, and to subsequently update information or cancel orders at any time based on those corrections or changes without prior notice, including after you have submitted your order.
11.2 OUPES undertakes no obligation to update, amend, or clarify information on the Website or in its contents, including, but not limited to, pricing information, except as is required by law.
SECTION 12 - PROHIBITED USES
12.1 You agree not to access or use the Website or its contents for any unlawful purpose or to violate any international, federal, provincial, or state laws, rules, or local ordinances, or to solicit others to perform or participate in any unlawful acts. This includes, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries.
12.2 You agree not to use the Website or its contents to harass, harm, abuse, insult, disparage, slander, intimidate, or discriminate based on gender, sexual orientation, race, ethnicity, age, national origin, or disability.
12.3 You cannot use any Website content without our express, prior written permission. You agree not to copy, reproduce, download, or store any Website content for the purpose of selling or re-distributing it, operating a competing business, or for any other purpose that commercially exploits Website content.
12.4 Use of any search engine, software, robot, crawler, scraper, or any other device or process to access, copy, observe, monitor, or retrieve information from the Website to create or amass, either directly or indirectly, any database, compilation, or collection without written permission from OUPES is prohibited.
12.5 You must not upload or transmit to the Website any destructive or malicious computer code that will or can be used in any way that will affect the operation or functionality of the Website, other websites, or the Internet. You also agree that you shall not breach, interfere with, or circumvent any security features of the Website, test the strength or vulnerability of the Website or its associated networks, undertake any plan or action to compromise the integrity of the computer systems or networks used by OUPES, or otherwise alter or interfere or attempt to alter or interfere with the Website.
12.6 You agree not to submit any false, misrepresented, or misleading information to the Website.
12.7 You agree that you will not access or use the Website or its contents for any obscene or immoral purpose.
12.8 You agree not to use the Website or its content in the transmittal of any advertising or promotional material without our prior written consent, including any "junk mail," "spam," or other solicitation.
12.9 Your access to or use of the Website does not give you ownership rights in any content, code, data or other materials used therein.
12.10 OUPES expressly reserves all rights not expressly granted to you in these Terms. We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any unlawful or unauthorized use of the Website.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall OUPES power station, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless OUPES power station and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
15.1 If any Term is held to be invalid or unenforceable, such term shall be severed from the Terms and Conditions and shall not affect the validity or enforceability of the remaining Terms.
15.2 Failure of OUPES to exercise or enforce any Term shall not constitute a waiver of that Term.
15.3 No waiver by OUPES of any Term shall be deemed a further or continuing waiver of that Term or a waiver of any other Term.
SECTION 16 - TERMINATION
16.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
16.2 These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
16.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Ireland
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - DISPUTE RESOLUTION
20.1 You must contact our customer service department at firstname.lastname@example.org before you file any legal claim for relief arising from a dispute between you and OUPES. If you are unable to resolve your concern within 10 business days of contacting the customer service department, either party may file a claim to resolve the dispute, pursuant to these Terms.
20.2 At OUPES's sole discretion, we may require you to submit any disputes arising from your access to or use of the Website or the Website's contents, or from the Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration.
20.3 Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to access to or use of the Website or the Terms must be filed within one year after such claim or cause of action arose or be forever barred.
20.4 You acknowledge that OUPES may be irreparably damaged if you breach these Terms, and in such instance, damages at law would be an inadequate remedy. In the event that you breach or threaten to breach any of these Terms, we shall be entitled, in addition to all other rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, or to a decree for specific performance of these Terms.